753.33
Contracts for random drug testing of municipal prisoners.

(1)
"Joint board" means the joint board
established pursuant to section
753.15 of the Revised Code.

(2)
"Municipal prisoner" means a
prisoner who is confined in a municipal jail, municipal workhouse, minimum
security jail, joint city and county workhouse, municipal-county correctional
center, multicounty-municipal correctional center, municipal-county jail or
workhouse, or multicounty-municipal jail or workhouse for being convicted of or
pleading guilty to a criminal offense.

(3)
"Multicounty-municipal" has the same
meaning as in section
307.93 of the Revised Code.

(4)
"Random drug testing" has the
same meaning as in section
5120.63 of the Revised Code.

(B)
The director of
public safety or a joint board may enter into a contract with a laboratory or
entity to perform blood or urine specimen collection, documentation,
maintenance, transportation, preservation, storage, and analyses and other
duties required in the performance of random drug testing of municipal
prisoners. The terms of any contract entered into under this division shall
include a requirement that the laboratory or entity and its employees, the
director of public safety or the joint board, the superintendent or chief
administrative officer specified in division (D) of this section, the employees
of the correctional facilities listed in division (A)(1) of this section, and
all other persons comply with the standards for the performance of random drug
testing as specified in rules adopted under division (C) of this section.

(C)
Prior to entering into a
contract with a laboratory or entity under division (B) of this section, a
director of public safety or a joint board shall adopt rules for the random
drug testing of municipal prisoners. The rules shall include, but are not
limited to, provisions that do the following:

(1)
Require the laboratory or entity to seek,
obtain, and maintain accreditation from the national institute on drug abuse;

(2)
Establish standards for the
performance of random drug testing of municipal prisoners that include, but are
not limited to, standards governing the following:

(a)
The collection by the laboratory or
entity of blood or urine specimens of individuals in a scientifically or
medically approved manner and under reasonable and sanitary conditions;

(b)
The collection and testing by
the laboratory or entity of blood or urine specimens with due regard for the
privacy of the individual being tested and in a manner reasonably calculated to
prevent substitutions or interference with the collection and testing of the
specimens;

(c)
The documentation
of blood or urine specimens collected by the laboratory or entity and
documentation procedures that reasonably preclude the possibility of erroneous
identification of test results and that provide the individual being tested an
opportunity to furnish information identifying any prescription or
nonprescription drugs used by the individual in connection with a medical
condition;

(d)
The collection,
maintenance, storage, and transportation by the laboratory or entity of blood
or urine specimens in a manner that reasonably precludes the possibility of
contamination or adulteration of the specimens;

(e)
The testing by the laboratory or entity
of a blood or urine specimen of an individual to determine whether the
individual ingested or was injected with a drug of abuse, in a manner that
conforms to scientifically accepted analytical methods and procedures and that
may include verification or confirmation of any positive test result by a
reliable analytical method;

(f)
The analysis of an individual's blood or urine specimen by an employee of the
laboratory or entity who is qualified by education, training, and experience to
perform that analysis and whose regular duties include the analysis of blood or
urine specimens to determine the presence of a drug of abuse and whether the
individual who is the subject of the test ingested or was injected with a drug
of abuse.

(4)
Prescribe procedures for the
automatic, random selection of municipal prisoners to submit to random drug
testing under this section;

(5)
Provide for reasonable safeguards for the transmittal of the results of the
random drug testing of municipal prisoners from the contracting laboratory or
entity to the director of public safety or the joint board pursuant to division
(E) of this section;

(6)
Establish
a reasonable fee to cover the costs associated with random drug testing and
analysis performed by a contracting laboratory or entity under this section and
establish procedures pursuant to division (E) of this section for the
collection of those fees from the municipal prisoners subjected to the drug
tests.

(D)
If a
director of public safety or a joint board enters into a contract pursuant to
division (B) of this section, the superintendent or chief administrative
officer of a correctional facility listed in division (A)(2) of this section in
which municipal prisoners are confined, pursuant to the terms of the contract
and the rules adopted under division (C) of this section, shall facilitate the
collection, documentation, maintenance, and transportation by the contracting
laboratory or entity of the blood or urine specimens of the municipal prisoners
who are confined in that correctional facility and who are subject to random
drug testing.

(E)
If a director of
public safety or a joint board enters into a contract pursuant to division (B)
of this section and the contracting laboratory or entity performs the random
drug testing as provided in the contract, the laboratory or entity shall
transmit the results of the drug test to the director of public safety or the
joint board, as appropriate, that entered into the contract. The director or
the joint board shall file for record the results of the random drug tests that
indicate whether or not each municipal prisoner who was subjected to the drug
test ingested or was injected with a drug of abuse. The director or the joint
board shall give appropriate notice of the drug test results to each municipal
prisoner who was subjected to a drug test and whose drug test results indicate
that the municipal prisoner ingested or was injected with a drug of abuse. The
director or the joint board shall afford that municipal prisoner an opportunity
to be heard regarding the results of the drug test and to present contrary
evidence at a hearing held before the director or the joint board within thirty
days after notification of the municipal prisoner under this division. After
the hearing, if a hearing is held, the director or the joint board shall make a
determination regarding any evidence presented by the municipal prisoner. If
the director or the joint board rejects the evidence presented by the municipal
prisoner at the hearing or if no hearing is held under this division, the
director or the joint board may assess a reasonable fee, determined pursuant to
division (C) of this section, for the costs associated with the random drug
test to be paid by the municipal prisoner whose drug test results indicate that
the prisoner ingested or was injected with a drug of abuse. The director or the
joint board may collect the fee pursuant to section
753.02,
753.04, or
753.16 of the Revised Code.